Half Sized Blog Element (Single Author Style)

Half Sized Blog Element (Multi Author Style)

When is a Guarantor a Third Party Beneficiary of Another Guaranty?

/in /by

I recently handled a case where a lender moved for for summary judgment on a guaranty. We opposed the motion there was a material dispute of fact as to whether the guarantors were third-party beneficiaries of a secondary guaranty from the SBA, and thus the liability of my clients and the amount due were not clear. Here […]

Unjust Enrichment Defense in Debt Collection

/in /by

In a recent case, I opposed a motion for Summary Judgment in a collection action with the defense of unjust enrichment. The creditor attempted to recover the same debt twice from different guarantors. Here is on of the defenses, I argued:

Scott Lanin

When is a Guarantor a Third Party Beneficiary of Another Guaranty?

/in /by

I recently handled a case where a lender moved for for summary judgment on a guaranty. We opposed the motion there was a material dispute of fact as to whether the guarantors were third-party beneficiaries of a secondary guaranty from the SBA, and thus the liability of my clients and the amount due were not clear. Here […]

Scott Lanin

Unjust Enrichment Defense in Debt Collection

/in /by

In a recent case, I opposed a motion for Summary Judgment in a collection action with the defense of unjust enrichment. The creditor attempted to recover the same debt twice from different guarantors. Here is on of the defenses, I argued: